Sambhu Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2807 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- BARBIGHA District- Sheikhpura ======================================================

1. Sambhu Ram, S/o Bhushan Ram,

2. Lothu Ram S/o Yogendra Ram,

3. Yogendra Ram S/o Late Jaleshwar Ram, All are R/o Vill.- Kuthoth P.S.- Barbigha, District- Sheikhpura.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mani Bhushan Kumar, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-12-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 16.07.2018 passed by learned 1st Additional District and Sessions Judge, Sheikhpura, in A.B.P. No. 405 of 2018, arising out of Barbigha Police Station Case No.121 of 2018, registered under Sections 147/148/341/323/307/337/354(B)/504 of the Indian Penal Code and Sections 3(II)(Va)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For trivial dispute between two neighbours, the allegation is of commission of abuse and assault.

Patna High Court CR. APP (SJ) No.2807 of 2018 dt.21-12-2018 2/2 Considering the general and omnibus nature of allegation, let the appellants, who have got no criminal antecedent, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.12.2018 Transmission Date 22.12.2018